A move made in July becomes a legal question the morning school starts.

Wyandotte's first day is today and Dearborn started last Monday, so this is the week separated parents find out what the other household did over the summer, whether that's a new address two counties away, a different district on the enrollment form, or a bus route that doesn't exist from your street. Michigan has a specific rule for this, and it's easy to break without meaning to, because it says nothing at all about whether the move was a good idea.

What does the 100 mile rule actually say?

MCL 722.31 says a parent of a child whose custody is governed by a court order shall not change the child's legal residence to a location more than 100 miles from where the child lived when the action was commenced. The distance is measured from the child's residence at the start of the case rather than from where anyone lives now, which is why a parent who has already moved once inside the radius can be surprised by the math on the second move. Consent from the other parent solves it, and so does permission from the court, but nothing else does.

When doesn't it apply?

It doesn't apply if the court granted sole legal custody to one parent, and it doesn't apply if the parents' residences were already more than 100 miles apart when the case began. Those exceptions are narrower than they sound in conversation, since sole legal custody is uncommon and is not the same thing as primary physical custody or having the child most of the time. If your judgment says joint legal custody, which most do, the rule applies to you.

What about moving out of Michigan?

That's governed separately, and it's stricter. MCR 3.211(C) requires a judgment awarding custody to provide that the child's domicile or residence may not be moved from Michigan without the approval of the judge, which means a move across the Ohio line from Monroe County needs court approval even though it might be a shorter drive than a move within the state. It also applies where the 100 mile rule doesn't, including cases with sole legal custody, so a parent who correctly concludes the mileage rule is inapplicable can still need permission.

What does the court weigh?

When permission is contested, MCL 722.31(4) sets out what the judge considers, with the child as the focus throughout:

• Whether the move has the capacity to improve the quality of life for both the child and the relocating parent.
• The degree to which each parent has followed the parenting time orders, and whether the move is being used to frustrate the other parent's time.
• Whether the parenting time schedule can realistically be modified to preserve the relationship with the other parent, and whether both parents are likely to comply with a modified schedule.
• Whether the parent opposing the move is doing so for financial reasons related to support.
• Domestic violence, whether directed at or witnessed by the child.

Notice what carries weight in that list. A better job and a shorter commute matter, but so does the record of who has actually followed the order for the last two years, which is one more reason the small compliance details in a parenting time schedule are worth taking seriously long before anyone plans a move.

What if the move already happened?

Then the question becomes what the court does about it, and the answer isn't automatic approval. A parent can file a motion for change of domicile after the fact, and the other parent can file to enforce the order and to have the child returned, with the judge weighing the same factors plus the fact that permission was never asked for. Courts tend to read a completed unilateral move the way they read a unilateral school enrollment, which we cover in school choice disputes under joint legal custody, and self help rarely improves anyone's position.

Does the move change custody itself?

It can, which is the part that gets underestimated. If a move would change the established custodial environment, the court applies a higher standard before altering custody, and the analysis shifts from mileage to the best interest factors that decide custody generally. That's a much larger proceeding than a scheduling dispute, and it usually starts with something small, like an enrollment form filed in August. If that's the week you're having, our family law practice can tell you what to file and how quickly, and the consultation is free.

Quick answers

Can I move with my child without the other parent's permission in Michigan?

Not more than 100 miles from where the child lived when the case started, if custody is governed by a court order. You need the other parent's consent or the court's permission, and a move out of Michigan needs court approval regardless of the distance.

Does the 100 mile rule apply if I have sole custody?

MCL 722.31 doesn't apply when a parent has sole legal custody, but MCR 3.211(C) still bars moving the child's residence out of Michigan without the court's approval. Sole legal custody is also narrower than most parents assume, and isn't the same as having the child most of the time.

What happens if a parent moves without permission?

The other parent can go back to court to enforce the order, and the moving parent can ask the court to approve the change after the fact. The judge weighs the same statutory factors, along with the fact that permission was never requested.

Related reading

• School Choice Disputes in Michigan Custody
• Child Custody in Michigan: How Judges Decide
• Family Law at D.C. Law